Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc. (Third-Party Defendant)

Third Circuit

Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc. (Third-Party Defendant)

303 F.2d 29, 1962 U.S. App. LEXIS 5213

CourtCourt of Appeals for the Third Circuit

DecidedMay 2, 1962

Docket13837

StatusPublished

Cited by1 cases

This text of 303 F.2d 29 (Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc. (Third-Party Defendant)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc. (Third-Party Defendant), 303 F.2d 29, 1962 U.S. App. LEXIS 5213 (3d Cir. 1962).

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Opinion

PER CURIAM.

This is an appeal from a judgment entered for the plaintiff on a jury verdict of $20,000. in a second trial of a personal injury case. An earlier recovery had been set aside by this court. McNello v. John B. Kelly, 3 Cir. 1960, 283 F.2d 96. In ordering a new trial we ruled that the evidence at the first trial sufficed to create a jury question whether it was reasonably foreseeable that the defendant’s conduct might cause such harm as in fact resulted. It has been ably argued that the plaintiff’s case on second trial did not contain certain evidence relevant to foreseeability that was introduced at the first trial and, therefore, that a jury case was not made out. The plaintiff’s case on second trial was not a strong one but, under our ruling on first appeal, we think it was enough to warrant submission to the jury. No other point requires discussion.

The judgment will be affirmed.

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PER CURIAM.

This is an appeal from a judgment entered for the plaintiff on a jury verdict of $20,000. in a second trial of a personal injury case. An earlier recovery had been set aside by this court. McNello v. John B. Kelly, 3 Cir. 1960, 283 F.2d 96. In ordering a new trial we ruled that the evidence at the first trial sufficed to create a jury question whether it was reasonably foreseeable that the defendant’s conduct might cause such harm as in fact resulted. It has been ably argued that the plaintiff’s case on second trial did not contain certain evidence relevant to foreseeability that was introduced at the first trial and, therefore, that a jury case was not made out. The plaintiff’s case on second trial was not a strong one but, under our ruling on first appeal, we think it was enough to warrant submission to the jury. No other point requires discussion.

The judgment will be affirmed.

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Bluebook (online)

303 F.2d 29, 1962 U.S. App. LEXIS 5213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eric-mcnello-v-john-b-kelly-inc-v-b-j-lucarelli-and-company-inc-ca3-1962.

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